Rochester PAB employees complain of 'unjust' actions by leader. What we know

Letters from Police Accountability Board employees this week reveal a city agency fractured by claims of retaliation, intimidation and harassment.

The board held an emergency meeting Thursday after nearly two-thirds of its staff called for the firing of acting Manager Duwaine Bascoe. After more than three hours behind closed doors in an executive session, the board took no action. The executive session was called for pending litigation and personnel matters.

In a letter to the board last week, employees accused Bascoe of taking “unjust” disciplinary actions against staff members and fostering a hostile work environment. Eight employees were fired or resigned from the agency since Bascoe took the top role in May, representing about 20% of the workforce, city records show. Four of those departures came within the last month.

In a press release Wednesday, Bascoe defended the departures as a “right-fitting of agency staff and roles” under new leadership. He did not address calls for his termination or the other claims against him.

How did this start?

Bascoe became acting manager in May, after Executive Director Conor Dwyer Reynolds was suspended by the board over alleged personnel complaints. Dwyer Reynolds says former board chair Shani Wilson was sexually harassing him, and claims he was inexplicably suspended after he rebuffed her alleged advances.

Wilson later stepped down. A city investigation into Dwyer Reynolds’ suspension is ongoing. A lawsuit brought by Dwyer Reynolds against the city and PAB in July was dismissed in state Supreme Court. The judge found that the PAB board had been guilty of technical violations of the state Open Meetings laws, holding retreats and "listening sessions" instead of public meetings.

More:Police Accountability Board off to rocky start with board resignations, personnel issues

The recent firestorm of allegations within the agency began Oct. 6, when PAB employees sent the board a letter following the “abrupt” suspension – and later firing – of Michael Higgins, the board’s chief of policy and oversight.

Employees said Bascoe “stoked and enabled an atmosphere of harassment, intimidation, retaliation and confusion” and called for the board to hear employee concerns.

On Tuesday, 18 employees signed onto a second letter calling for Bascoe’s termination, a firing freeze to protect other employees from retaliation, and the reinstatement of staff who were fired or resigned under Bascoe’s management.

On Wednesday, Higgins said he had filed a “whistleblower complaint” with the city shortly before he was fired, alleging Bascoe was intoxicated by drugs or alcohol while leading a staff meeting on Oct. 3. In a letter to city council, Higgins said he was “dismayed” that the city had yet to contact him about the complaint.

What has Bascoe said?

In a statement to the press Thursday, Bascoe said he was not intoxicated at the Oct. 3 meeting and takes medication for migraines that can impact a person's speech.

"While this condition is manageable, we all have good days and bad days, and it's unfortunate that there are people who would use your bad days to profit for themselves," he said. "There is no place in the PAB for these long held racial tropes of Black men being high or drunk on the job."

Bascoe claimed the decision to fire Higgins was made before the Oct. 3 meeting.

In an earlier agency press release Wednesday, Bascoe said the PAB is undergoing a “restructuring process” under new leadership.

“Unfortunately, during this process, we discovered that there were people who were not aligned with the agency’s goals and we had to take some necessary steps,” he said.

Bascoe also asked the New York state Attorney General’s Office to launch an investigation into Dwyer Reynolds, accusing him of interfering with the city’s investigation into his suspension by meeting with current and former staff.

Dwyer Reynolds called Bascoe’s statement a “ludicrous, defamatory” distraction from the current issues at the PAB.

What have city leaders said?

Board members declined or did not respond to requests for comments.

At a press conference Thursday afternoon, Council President Miguel Melendez said the council is "concerned and frustrated" by the allegations, but said members could not address details of personnel matters while there is an ongoing investigation.

City Councilor Stanley Martin, who helped organize the referendum vote for the PAB, said in a press release Wednesday that PAB staff are “in dire need of protection” and called on the board to swiftly address their concerns to “preserve the PAB.”

City Councilman Willie Lightfoot said the current controversies show the need for more oversight of the PAB from the city. Council, he said, needs to determine how best to “come up with a comprehensive plan of what we’re going to do.”

“We have to have some community engagement involved in that,” Lightfoot said. “This was a very community-driven process with the referendum. You can’t ignore the community on this.

“It’s disappointing because we’re now back into internal employee turmoil that’s going to take the attention away from the general (PAB) charter and the job descriptions and the overall sentiment of why people voted for police accountability.”

What do PAB employees want?

The Oct. 11 letter sent by employees requested the board:

• Fire Bascoe immediately, and replace him with Associate General Counsel Anthony J. Durwin until the investigation into Dwyer Reynolds is concluded;

• Include PAB employees in future decisions related to the executive director position;

• Offer reinstatement to any staff who were fired or resigned under Bascoe’s administration;

• Enact a “firing freeze” to protect staff from further retaliation and intimidation from management.

The agency, tasked with independent investigations into alleged police misconduct, was built after a 2019 vote that gained overwhelming public support. It started accepting public complaints in June 2022, but has faced criticism for its slow progress, staffing turnover and personnel issues, and $5 million budget.

The board’s 6:30 p.m. meeting Thursday will be live-streamed on Facebook, Twitter and YouTube. It is likely that any discussion involving personnel will be held in executive session.

This article originally appeared on Rochester Democrat and Chronicle: Retaliation, intimidation claims made against Rochester PAB leader